Florida Probate Court - Baker County Probate Court
Baker County Florida was founded in 1861 and is located in North East section of Florida. It was named after James McNair Baker, who was a prominent Florida Judge and Confederate Senator. Baker County is a mostly rural and its county seat is Macclenny, Florida. It is included as part of the Jacksonville Metropolitan area.
The Clerk of the Court in Baker County is Al Fraser and his office is located at 339 East Macclenny Avenue, Macclenny, Florida 32063. For specific probate or case information, you can reach the probate department at 904-259-8449.
Probate is the legal process of distributing assets of a deceased person to the rightful beneficiaries and also paying the creditors or debts of the deceased. It is a complicated procedure, which must be followed precisely so that when a beneficiary inherits their assets, they will be free from future claims against them.
Florida State Law requires that in most cases an attorney will be needed to represent the person appointed by the Baker County Circuit Court who is referred to as the Personal Representative, or Executor to settle the estate. It is in rare circumstances when an attorney will not be required to represent the Personal Representative. This is usually true if the estate is very small and is being handled through Disposition Without Administration and the Baker County Clerk can advise you further on this matter. However, it is best to consult an experienced probate attorney for legal guidance as this can be a frustrating experience if you are not versed in this area.
Florida Law also requires that if the decedent left a Will, this is referred to as testate, the original Will must be filed within 10 days of the decedent's date of death, in the county clerk's office they were a legal resident of at their time of death. This is required whether or not the estate will be probated. The Judge will review the original Will and determine whether or not it is to be considered as a valid Will. The Judge will also appoint a Personal Representative at this time according to the recommendations made in the Will.
Estates that the decedent did not leave a Will are considered Intestate and in these circumstances, the Probate Judge will select the Personal Representative as set forth in the Florida Statutes. Usually the Court will select the surviving spouse, or a person who is the nearest heir and/or selected by a majority of interest among the heirs. The Florida Probate Code is Florida Statutes Sections 732 through 735.
The Personal Representative does not need to be a legal resident of the same county as the decedent and can actually reside outside of the State of Florida if they are a relative. The attorney who represents the Personal Representative however, will need to be licensed in the State of Florida to practice law and if there is any litigation involved, such as contesting a Will, it would be best to hire a local lawyer to that county as this circumstance requires court appearances. Otherwise any licensed attorney throughout the State of Florida may represent you in any county including Baker County. Call 1-800-PROBATE ext 5 to learn more about the Baker County Probate Court.
Probate Articles for Florida Cities
Probate Articles for Florida Counties
Looking For A Probate Lawyer In Your State?
